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Abstract
In this article, the legal-criminal status of disloyal administration of another’s equity in Chilean law is examined. Because of the absence of criminal types specifically thought up to face disloyal administration, the article reviews possibilities to incorporate this kind of conduct into the criminal types available in the law in force, in particular swindle, conversion, legal definition of punishable insolvency, and offenses committed by public officials, such as misappropriation of funds and tax evasion. From said review, which offers the opportunity to expose new points of view on the interpretation of the respective criminal types, inadequacies of the legislation in force to properly address the issue are derived, and this would constitute a serious deficit that demands to be corrected via legislation. Based on comparative law, which is also useful for a better understanding of the current situation in Chile, technical alternatives to disloyal administration are suggested in the article, where there also is a warning about the hazards that must be avoided to ensure its legitimacy, in particular the risk of indeterminacy and imprisonment for indebtedness.